‘Using encrypted app no ground for detention’: J&K High Court quashes Public Safety Act order

The Jammu & Kashmir and Ladakh High Court recently overturned the Public Safety Act detention of a 26-year-old man from Pulwama, ruling that merely using an encrypted app or VPN, or communicating with individuals linked to terrorist groups, does not constitute sufficient grounds for restricting personal freedom through preventive detention.

Ajaz Ahmad Seh was detained on July 28, 2025, based on a police report suggesting he was in contact with Jaish-e-Mohammad handlers via the Zangi app and a secured VPN. The report also accused him of acting as an Over Ground Worker, providing support to terrorists. The court noted that the detention grounds lacked specific details about the alleged communications or activities.

Justice Wasim Sadiq Nargal emphasized that preventive detention, a significant invasion of personal liberty, should only be used sparingly and in strict accordance with constitutional and statutory safeguards. The court also criticized the District Magistrate's formulation of detention grounds, suggesting a lack of independent judgment.

This is not the first time the court has intervened to challenge such detentions, with previous rulings in October and October 2025 highlighting concerns over the mechanical and insufficient application of preventive detention laws.